Arunachal Pradesh crisis: President's Rule not to be revoked as SC orders maintenance of status quo

New Delhi: The Supreme Court on Wednesday ordered status quo in Arunachal Pradesh as its summoned original records pertaining to the disqualification of 14 legislators by the then speaker Nabam Rebia in December 2015.

The status quo order effectively forestalled revocation of the President's Rule and, for now, no new government can be sworn in.

The constitution bench headed by Justice Jagdish Singh Khehar, while directing the parties to the litigation before it to maintain "status quo", asked its secretary general to facilitate the "implementation of the instant order" seeking original records relating to the disqualification of 14 rebel Congress lawmakers before 10:30 am on Thursday.

"In the meantime, the parties before this court shall maintain status quo. For further consideration," said the court as it directed the listing of the matter on Thursday.

Supreme Court of India. AFP

Supreme Court of India. AFP

Referring to the post lunch proceedings, the constitution bench that also comprises Justice Dipak Misra, Justice Madan B. Lokur, Justice Pinaki Chandra Ghosh and Justice NV Ramana, in its order, said: "We are of the view, that it is essential to peruse the original record pertaining to the disqualification of the 14 MLAs."

The "record pertaining to the proceedings conducted by the Speaker – Nabam Rebia – under the Xth Schedule of the Constitution pertaining to the disqualification of the 14 MLAs, held on 14 and 15 December, 2015, be produced in this court in a sealed cover at the earliest, preferably by 10:30 am on 18 February, 2016, by the secretary of the state legislative assembly, in whose official custody, we are informed, the original record is available".

The bench further said that "some part of the above record, is also in the safe custody of the Gauhati High Court, and has been retained in a sealed cover".

The court directed that the registrar general of the Gauhati High Court to "ensure, that the sealed record pertaining to the disqualification of the 14 MLAs, assailed, is produced in this Court at the earliest, preferably by 10:30 am on 18 February 2016".

The court order came after the post lunch session, during which senior counsel Fali Nariman told the court that efforts were on to install a new government by revoking the President's Rule wherein 14 MLAs who were disqualified would be counted for the purposes of majority support in the government formation.

He said the High Court had, by an interim order, stayed their disqualification and the same order is in challenge before the apex court, and argued till the court decides on their fate, they could not be counted for the purpose of forming the new government.


Updated Date: Feb 17, 2016 22:08 PM

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